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Can a credit card company collect a debt after 10 years? |
In 1993 I had a opened up an account with a bank for a credit card. The bank is now out of business. For over 3 years I never recieved any statements for this card. I conatcted the bank so many times about this problem. Never to get the problem solved. It has to be past the statute of limitations by now. So I would agree with your lawyer. Go to NDRC.com and check to be sure. yea,they can If you never paid it then, yes, you still owe them the money. go back to ur attorney and tell him whats been happening, does a number appear on the caller id? if so give it to the attorney also he can more than likely get info out of them. If you have a letter from the bank (which held the debt) essentially cancelling your debt, then you have nothing to worry about. That doesn't mean that someone won't bother you about such an old debt - valid or not. Hmm. Your attorney did say let it be and to not worry about it. I would be concerned about a company wishing to collect money from you without even disclosing the name of who they are, or who they are representing. That sounds suspiscious, especially after five years of hearing absolutely nothing. Do you still have it in writing that you owe nothing from the bank? I would try to get back in contact with your attorney and see how to handle these calls because it just sounds very shadey. Don't pay a dime to this company until you are fully informed on who they are and how they are aware of this debt that was supposively nothing. It sounds to me like you have already done the right thing in consulting your lawyer. If he/she says to leave it and ignore it, then that's exactly what I'd do. After all, who knows better than your lawyer? At the sam time, if the people who are calling you aren't willing to give you their details, then I would be unwilling to give them yours. You also state that you have a letter from the bank stating that the debt is no longer repayable, so if you have this then the debt is void. Not knowing which country you're in though doesn't help, however, good luck with it, don't worry about it, and I hope it goes well for you. Of course you have to pay it. You used the credit card and did not pay for the goods or services received. There's no foregiveness after X amount of time on debt--usually there's substantial interest instead. Every state is different as to the limitations placed on the time you have to collect a debt, but after ten years, it is almost certainly too late to collect on this debt. Once an account is in collections if they cannot collect by a certain time they have to file a lawsuit to preserve their claim. If they have not filed suit by this time, the court will refuse to hear their case which basically means they have no legal recourse to collect. You should absolutely talk to your lawyer as to the specifics of your case because all states have different systems, and there are ways that companies can preserve their claims, but it sounds to me, from the description of the people calling you, that someone has hacked into an uncollected accounts receivable database and is trying to scam you. You should watch out, because these databases have other personal info as well, which could be used to steal you identity. If this is a "legitmate" company, but they are unable to legally collect the debt due to the statute of limitations running out, you can sue them for violations of the Fair Debt Collection Act plus whatever laws you state has to protect consumers. Once again, talk to your lawyer for details. By the way if the bank has presented a letter saying you do not owe a debt, then they have forgiven the debt. If it was a mistake on their part, that is their fault and they have to eat the loss as does anyone who "bought" the debt from them. if the bank sent a letter saying you owe nothing that should hold up in court next time they call you tell them you are reporting the number for harrasment and call the phone company and do so There is a 7 year limit to most collections - but that is 7 years from your last payment. So, if you don't pay for 6 yrs, and then make 1 payment, the time starts over again. First, you can put the company that is calling you "on notice" and tell them that you do not wish to receive any more phone calls, all correspondence has to be via mail. Don't ever give anyone any information on yourself, even if you think it might be legit. go online to truecredit.com and get you 3 in one credit report. this report will show you all the lenders you owe money to, including the folks who are calling you. It is true, creditors can still collect after 10 yrs no matter what, depending on what their contract stated when you signed. They may have put in the contract that they will take any means necessary to collect at any time. I have seen it so many times before. They can try to collect, but under the Statute Of Limitations you are protected and will not have to pay them back. Ok, heres the real deal. |
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